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MATTER OF PETTUS v. BEZIO

506736

69 A.D.3d 1253 (2010)

892 N.Y.S.2d 806

2010 NY Slip Op 607

In the Matter of JAMES PETTUS, Appellant, v. NORMAN R. BEZIO, As Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 28, 2010.

MALONE Jr., J.

Petitioner sought to commence this CPLR article 78 proceeding to challenge a determination finding him guilty of a certain prison disciplinary rule. In the order to show cause, Supreme Court directed petitioner to effect service by first class mail on all respondents and the Attorney General on or before August 22, 2008. Thereafter, respondents moved to dismiss the petition based upon petitioner's failure to comply with the service requirements. Supreme...

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